SCHOOL TEACHER ENGLAND This occupational guidance covers both Primary and Secondary teachers in England only. Separate guidance is available for teachers in Northern Ireland, Scotland and Wales. CONTENTS 1. BACKGROUND INFORMATION 1.1 Key definitions to note 2. INDUSTRY REQUIREMENTS 2.1 Maintained schools and non-maintained special schools 2.2 Independent Schools 2.3 Pupil Referral Units 3. REGISTRATION WITH A PROFESSIONAL BODY 4. CASEWORKER TREATMENT 4.1 Business and Commercial (B&C) Work Permits 4.2 Period of Approval 4.3 Training and Work Experience Scheme (TWES) Work Permits 4.4 Salary 4.5 Advertising 5. INSTRUCTORS 5.1 Business and Commercial (B&C) Work Permits 5.2 Salary 5.3 Advertising 5.4 Length of approval 5.5 Training and Work Experience Scheme (TWES) Work Permits 6. TEACHING/CLASSROOM ASSISTANTS 7. EXCHANGES OF QUALIFIED TEACHERS 8. FURTHER INFORMATION 9. ANNEX 1 10. ANNEX 2 11. ANNEX 3 12. ANNEX 4 1. BACKGROUND INFORMATION School teachers may teach in either nursery/primary schools or in secondary schools. Primary school teachers are expected to cover every curriculum area, although they may specialise in one teaching subject, which they help to develop throughout the school. Secondary school teachers normally specialise in one or two teaching subjects, and teach these to all age groups and abilities. 1.1 Key definitions to note: Overseas Trained Teacher (OTT) someone who has successfully completed a programme of professional training for teachers in any country outside of the European Economic Area (EEA), which is recognised by the competent authority in that country, Qualified Teacher Status (QTS) awarded to fully qualified teachers in England by the General Teacher Council for England (GTCE),
Instructor - unqualified teachers who are permitted to carry out the same duties as qualified teachers. Schools are only permitted to employ instructors to fill a particular teaching post when no suitable qualified or trainee teacher is available to fill the post. Instructors will not hold QTS, however regulations require they hold qualifications and experience relevant to the post they fill. See section on Instructors, General Teaching Council for England (GTCE) professional body in England, with which all teachers who hold QTS must register, Training and Development Agency for Schools (TDA) the agency responsible for training and development across the whole school workforce. 2. INDUSTRY REQUIREMENTS Fully qualified teachers in England must hold QTS and be registered with the GTCE. UK National Academic Recognition Information Centre (NARIC) can advise employers on whether teaching qualifications meet the requirements for QTS. In order to gain QTS, there are a number of routes available to both OTTs and Overseas Nationals (OSNs), who are not qualified to teach in their own country. Work permits can be issued in these circumstances, and Annex 2 provides further details. 2.1 Maintained Schools and non-maintained special schools - OTTs do not need to have Qualified Teacher Status (QTS) to be eligible for an initial work permit to teach in England, subject to certain restrictions. They can work for a period of up to four years without attaining QTS. See section on Period of Approval. 2.2 Independent Schools - There is no statutory requirement for a teacher in the private sector to hold QTS or to be registered with the GTCE. The Head Teacher of the school decides which qualifications to accept. 2.3 Pupil Referral Units - Teachers working in Pupil Referral Units must hold QTS unless they are employed as a Teaching Instructor 3. REGISTRATION WITH A PROFESSIONAL BODY Teachers who hold QTS must be registered with the GTCE. Business Teams can check GTCE registration in the following two ways: By telephoning the GTCE helpline (0870 001 4823) and stating the QTS/GTCE number and the teacher s name. The GTCE Registration number will appear in the format: 00/12345 Each Business Team also has a nominated team member who has access to the online GTCE database of registered teachers. This provides details of teachers registration status, QTS, qualifications, and training and active restrictions. Caseworkers may request a database check by e-mailing the nominated team member. To search the database they will require the overseas national s name, date of birth and teacher 2
reference number. All three pieces of information are required for a check to be carried out. Circumstances where registration is not required: OTTs working in the UK for a period of four years to gain QTS; or Instructors; or Teachers employed in independent schools 4. CASEWORKER TREATMENT 4.1 Business and Commercial (B&C) Work Permits Teaching posts meet the requirements of the work permit skills criteria in the following circumstances: Maintained Schools/Non-maintained Special Schools: - a) Where an overseas national has QTS and is registered with the GTCE; or b) Where the overseas national is qualified to teach in another country (i.e. an OTT), but does not have QTS/GTCE registration; or c) Where an overseas national is engaged on an employment-based training route to QTS. Independent Sector d) Applications may be approved where the overseas national and the post meet the minimum skills threshold of the work permit arrangements. No registration requirements govern this sector. Pupil Referral Unit e) All teachers working in Pupil Referral Units must hold QTS. The only exception to this requirement is if the OSN is employed as an Instructor. 4.2 Period of Approval Teachers holding QTS, or employed in Independent schools may be granted work permits in line with the period requested by the employer up to a maximum of 60 months. Approval for OTTs without QTS should be limited to four years in line with the Department for Children, Schools, and Families (DCSF) regulations. Caseworkers should ensure that the following standard paragraph (P70K) is included in all approval letters. P70K We can approve applications for overseas nationals who do not have QTS to take up teaching posts within maintained schools in England for up to four years, the 3
maximum continuous period permitted under DCSF regulations. (This four year period runs continuously from the first day on which the overseas national was employed as a teacher, under any immigration category, at a maintained school in England whether or not they have worked continuously since then.) In this case [name] does not have QTS but is an overseas trained teacher and we have approved the application [for 48 months] in line with the restriction outlined above. If an application to employ [name] beyond this period is submitted we would expect evidence that they have been awarded QTS and gained registration with the General Teaching Council of England (GTCE). Employers should ensure that a copy of this letter is passed to the overseas national, and that they are aware of the QTS conditions applied to the work permit. The four year period runs continuously from the first day on which the overseas national was employed as a teacher, under any immigration category, at a maintained school or nonmaintained special school in England, whether or not they have worked continuously since then. Caseworkers should refer to the information supplied under the experience section on the work permit application form. Business Teams should note that the previous concession that allowed some OTTs without QTS to continue working as a teacher beyond four years, when they were undertaking an employment-based route has now closed. This follows amendments to the Education Regulations by the DCSF which became effective on 1 September 2008. Caseworkers should not approve new or extension applications beyond the four year period without proof that QTS has been gained, except where the overseas national has taken statutory leave (see Annex 3). Where an overseas national is not qualified to teach in their own country but has been accepted onto the Graduate Teacher Programme, approval can be given on condition that QTS/GTCE registration is obtained within a prescribed period, depending on the length of the training programme. In all such cases the following standard paragraph (P70Z) should be included in the approval letter. Approval should be limited to the period of training set out by the TDA. P70Z We can normally only approve applications for overseas nationals to take up teaching posts within maintained schools in England and Wales where they have either been granted Qualified Teacher Status (QTS) or where they will be working towards QTS by undertaking the Graduate Training Programme (GTP). In this case [name] will be working towards QTS on the GTP and therefore we are able to approve this application. This approval is granted on condition that [name] successfully completes the GTP to obtain QTS. This should be achieved within (X) months in line with the period set out by the Teacher Training Agency (TTA). Any application to extend this period of approval must be accompanied by evidence that [name] has obtained QTS and is registered with the General Teaching Council of England or Wales (GTCE/GTCW). 4
Where an overseas national is engaged on an employment-based route, caseworkers should be satisfied that the overseas national meets the entry requirements of that programme. Because these programmes are employment-based, their entry requirements should be considered to be the requirements of the job. Consequently, work permits should not be issued to overseas nationals on the Registered Teacher Programme (RTP), as the entry requirements fall below the minimum skills threshold of the work permit arrangements. (See Annex 2 for further details of employment-based routes). The flowchart at Annex 4 gives an overview of the specific caseworking decisions relating to periods of approval. 4.3 Training and Work Experience Scheme (TWES) Work Permits This occupation is not normally suitable for training or work experience under the TWES criteria, as the applicant will be filling a post. 4.4 SALARY See Annex 1 4.5 ADVERTISING All Teacher posts in England covering compulsory education are on the National Shortage Occupation List. Employers are therefore not required to submit evidence that the post has been advertised with the work permit application. 'Compulsory Education' refers to the compulsory phases of education, which the law requires children to attend. This begins at age five in England, and continues until the age of sixteen. The following journals are the main sources of advertising for teaching posts: The Times Educational Supplement (TES): News International plc, Registered Office, P.O Box 495, Virginia St. London Tel: (020) 7782 6000 The Times Higher Educational Supplement (THES): Address as for TES. The Guardian: 119 Farringdon Rd, London EC1R 3ER. Tel: 0207 278 2332 5. INSTRUCTORS Instructors are unqualified teachers who are permitted to carry out the same duties as qualified teachers. They are appointed to fill a teaching post when a school is unable to recruit either a qualified or trainee teacher. 5
Schools will require Instructors to hold qualifications and experience relevant to the particular teaching post they will fill, though they will not be expected to be fully qualified teachers who hold QTS. While Instructors may be recruited from the resident labour force, typically they will be OTTs, previously employed on work permits, who have failed to achieve QTS status within the permitted time. These candidates will hold the required skills and experience sought by schools. Schools also have the flexibility to employ Instructors who are experienced in a particular field to fill a vacant teaching post, though the numbers would be small. This may involve a carpenter teaching woodwork, or a musician teaching music. These Instructors do not meet the work permits skills criteria (please see below). 5.1 Business and Commercial (B&C) Work Permits Approval of work permits should be restricted to OTTs, who have failed to achieve their QTS. We have agreed with the DCSF that overseas nationals previously employed as OTTs in the UK on work permits, now seeking an Instructor post, will satisfy the skills criteria. They already hold the required qualifications and experience, and the posts they fill are teaching posts. Assessing the skills level of other types of Instructor such as carpenters and musicians is very difficult. These candidates are also unlikely to hold any past teaching experience or qualifications and so will not satisfy the work permit criteria. 5.2 Advertising Instructors are not a shortage occupation. Applications should always include full evidence of a resident labour market test. Schools must provide evidence that the post has been advertised twice. The first advertisement should seek a fully qualified teacher to fill the post. If unsuccessful, a second advertisement should be placed seeking an Instructor to fill the post. DCSF have notified schools of this special requirement. Appropriate methods of advertising include: The Times Educational Supplement (TES), The Guardian and Local Authority websites. 5.3 Salary Teaching Instructors will normally receive a salary in line with rates paid to unqualified teachers. See Annex 1 for details. However, schools do have the flexibility to offer higher salaries to attract suitable candidates. 5.4 Length of approval Approval should be granted initially for periods of up to 12 months. This is because schools are only permitted to employ Instructors for short-term periods in circumstances where no qualified teacher is available. Extensions beyond this period will only be considered in light of further evidence that a resident labour market test has been conducted to try to locate a suitably 6
qualified teacher. Business Teams should use the following paragraph (P71Q) when granting initial approval. P71Q The Department for Children, Schools and Families (DCSF) advise that Teaching Instructors should only be employed in circumstances where fully qualified teachers are not available. To ensure this requirement is satisfied, it would be expected that schools/ employers would make on-going efforts, through recruitment campaigns, to either locate a qualified teacher, or demonstrate that no suitable candidate is available. For this reason, work permits for Teaching Instructors are only approved for an initial period of 12 months. Extensions to this work permit are subject to further evidence that a resident labour market test has been conducted and no suitably qualified teacher still exists. 5.5 Training and Work Experience Scheme (TWES) Work Permits This occupation is not normally suitable for training or work experience under the TWES criteria, as the applicant will be filling a post. 6. TEACHING/CLASSROOM ASSISTANTS 6.1 Business and Commercial (B&C) Work Permits This post does not meet the skills criteria; however, some may in exceptional circumstances. If in doubt contact the Policy Team. 6.2 Training and Work Experience Scheme (TWES) Work Permits The majority of these posts are not suitable for training or work experience under the TWES criteria, as the applicant will be filling a post, however, in exceptional circumstances some may be suitable. If in doubt contact the Policy Team. 7. EXCHANGES OF QUALIFIED TEACHERS There are a number of exchange programmes administered by the British Council s Central Bureau for International Education and Training and the League for the Exchange of Commonwealth Teachers. These have been given special concessions and participants on these programmes will not require work permits. Contact details can be found under Further Information. 8. FURTHER INFORMATION Department for Children, Schools and Families (DCSF): Teachers Qualification Branch, Mowden Hall, Staindrop Road, Darlington, DL3 9BG Tel: 01325 392126 Website: www.dcsf.gov.uk 7
Website: www.teachernet.gov.uk Training & Development Agency for Schools (TDA): Portland House, Bressenden Place, London SW1E 5TT Tel: 0207 925 3700 Website: www.tda.gov.uk Overseas Trained Teacher Advice Line: Tel: 01245 45 43 21 Fax: 01245 45 43 37 Email: ott@tdainfo.co.uk Central Bureau for International Education and Training The British Council, 10 Spring Gardens, London SW1A 2BN Tel: 0207 389 4004 Fax: 0207 389 4426 Email: centralbureau@britishcouncil.org Website: www.britishcouncil.org Qualifications and Curriculum Authority: 83 Piccadilly, London, W1J 8QA Tel: 020 7509 5556 Website: www.qca.org.uk E-mail: info@qca.org.uk OFSTED: Alexandra House, 33 Kingsway, London WC2B 6SE Tel: 020 7421 6800 Website : www.ofsted.gov.uk E-mail: geninfo@ofsted.gov.uk League for the Exchange of Commonwealth Teachers: Commonwealth House, 7 Lion Yard, Tremadoc Road, Clapham, London, SW4 7NQ Tel: 0207 498 1101 Fax: 0207 720 5403 Website: www.lect.org.uk GTCE (General Teaching Council for England): Tel: 0870 001 4823 Fax: 020 7841 2909 Email: info@gtce.org.uk Website: www.gtce.org.uk UK NARIC (National Academic Recognition Information Centre): Oriel House,Oriel Road, Cheltenham, Gloucestershire, GL50 1XP Tel: 0871 330 7033 Fax: 0871 330 7005 Email: info@naric.org.uk Website: www.naric.org.uk 8
Annex 1 Salary scale for teachers Qualified Classroom Teachers start on the Main Pay Scale (M1-M6), usually at point M1. The Upper Pay Scale (U1-U3) is performance-based and can only be used once the teacher has reached the top of the Main Pay Scale. Definitions to note: Inner London the area comprising the London boroughs of Barking and Dagenham, Brent, Camden, City of London, Ealing, Greenwich, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Merton, Newham, Southwark, Tower Hamlets, Wandsworth and Westminster Outer London the area comprising the London boroughs of Barnet, Bexley, Bromley, Croydon, Enfield, Harrow, Havering, Hillingdon,Hounslow, Kingston upon Thames, Redbridge, Richmond upon Thames, Sutton and Waltham Forest Fringe (London) the area comprising the Districts of the following Counties: a) in Berkshire the Districts of Bracknell Forest, Slough and Windsor and Maidenhead; b) in Buckinghamshire the Districts of South Buckinghamshire and Chiltern; c) in Essex the Districts of Basildon, Brentwood, Epping Forest, Harlow and Thurrock; d) in Hertfordshire the Districts of Broxbourne, Dacorum, East Hertfordshire, Hertsmere, St Albans, Three Rivers, Watford and Welwyn Hatfield; e) in Kent the Districts of Dartford and Sevenoaks; f) in Surrey the whole county; and g) in West Sussex the District of Crawley. Valid from Sept 08 August 09: England/Wales Inner London Outer London Fringe (London) M1 20,627 25,000 24,000 21,619 M2 22,259 26,581 25,487 23,248 M3 24,048 28,261 27,065 25,037 M4 25,898 30,047 28,741 26,894 M5 27,939 32,358 31,178 28,931 M6 30,148 34,768 33,554 31,138 U1 32,660 39,114 35,926 33,652 U2 33,870 41,035 37,257 34,860 U3 35,121 42,419 38,634 36,114 Salaries for Unqualified Teachers (i.e. a teacher without QTS) Unqualified teachers such as instructors are paid on a 6-point scale ranging as shown below. The governing body decides where on the scale an unqualified teacher should start, and may pay an additional allowance. Sept 08 Aug 09 England / Wales 15,113 23,903 Inner London 19,007 27,794 Outer London 17,953 26,746 Fringe (London) 16,106 24,893 9
Salaries in the Independent Sector There are no set salary scales for teachers in independent schools. Many schools pay similar salaries to those in the state sector, while others pay higher or lower salaries. (The maintained sector pay scale should be used as a guide.) 10
Annex 2 TEACHER TRAINING WORK-BASED ROUTES TO QUALIFIED TEACHER STATUS (QTS) OTTP (Overseas Trained Teacher Programme) OSN requires: An overseas teaching qualification, with valid registration documents/licence A degree or other qualification equivalent to a UK degree A qualification equivalent to GCSE grade C or above in mathematics and English Primary teachers must also have the equivalent of GCSE grade C or above in science - Employment based training to gain QTS - Duration maximum is 1 year, although this can be considerably shorter depending upon experience. - Will be employed as an unqualified teacher - Work permit can be issued on condition OSN gains QTS within 1 year GTP (Graduate Teacher Programme) OSN requires: A UK degree or equivalent A qualification equivalent to GCSE grade C or above in mathematics and English Primary teachers must also have the equivalent of GCSE grade C or above in science - Employment based training to gain QTS - Duration normally 1 year, depending on previous experience - Will be employed as an unqualified teacher - Work permit can be issued on condition OSN gains QTS within training period RTP (Registered Teacher Programme) OSN requires: 2 years in Higher Education or 240 Credit Accumulation Transfer Scheme (CATS) points (or equivalent) A qualification equivalent to GCSE grade C or above in mathematics and English Primary teachers must also have the equivalent of GCSE grade C or above in science - Employment based training to gain a degree and QTS - Duration is normally 2 years. The minimum length of a programme is 1 year. - Will be employed as an unqualified teacher - RTP does not meet the Work Permit criteria Click here to go back to content 11
Annex 3 Guidance Relating to Maternity, Paternity, Adoption and Parental Leave The four year period for the employment of an OTT is allowed to be extended to cover periods of authorised absence taken as statutory maternity leave, paternity leave, adoption leave and parental leave as conferred by the Employment Rights Act 1996. Caseworkers can only extend a work permit beyond the 4 year period where the specific period of authorised leave is confirmed in writing by the employer, i.e. the school or Local Authority (LA). Work permits should only be extended in line with the following guidance on the periods of leave. All further approvals should still contain paragraph (P70K) relating to QTS. Maternity leave The four year period can be extended either by: the amount of paid or unpaid maternity leave actually taken during the four year period under the Employment Rights Act, but subject to a maximum of 52 weeks; or the amount of maternity leave actually taken by the OTT during the four year period under a contract of employment. Individual contracts of employment may allow more than 12 months maternity leave. Approval may be granted in line with the period endorsed on the supporting letter from the school or LA. Paternity leave The four year period may be extended by up to a maximum of two weeks, depending upon the amount of statutory paternity leave actually taken during the four year period. Adoption leave The four year period may be extended by the amount of statutory adoption leave actually taken during the four year period subject to a maximum of 52 weeks. Parental leave The Employment Rights Act allows parental leave for employees who have parental responsibility for a child under five. The parent must have at least one year of continuous service before they are eligible, and no more than four weeks parental leave may be taken in respect of any child in any one year. The four year period can therefore be extended by the amount of parental leave actually taken, for example, an OTT with one child under five years may have their four year period extended by 12 weeks if they exercise their statutory right and take the maximum four weeks parental leave in years two, three and four of their employment. 12
Annex 4- OTT Caseworker Flow chart What is the OSN s job title? Instructor Approve for up to 12 months (if all the additional advertising criteria are met); for further information please see the Instructor section. Teacher Where will the OSN be teaching? Maintained school or non-maintained special school or pupil referral unit Does the OSN have QTS? No and will work at a Maintained school or non- maintained special school Has OSN previously taught in England? Yes For 48 months or more? Yes Has the OSN had any statutory leave? Independent Schools 13 Yes No and will be teaching at a pupil referral unit Yes No No No Approve for up to 60 months Approve for up to 60 months Refuse Approve for up to 48 months. Include paragraph P70K Approve for up to 48 months from the date the OSN started teaching. Include paragraph P70K Caseworkers should refer to Annex 3 for further guidance s if the OSN has had any Maternity, Paternity, adoption or parental leave Refuse